The Sun. — London, England, 1818-12-17 00:00:00

LAW IN'T'ELLIGENCE. COURT OF CHANCERY, DEC. 16. This btiov, the third sad atter Michaelmas Term, ti►e LORD CHANCELLOR opened it at his house, prrparatory to his Honour the VICE-CHAN CELLOR hearing his Lordship's motions. LAW PROMOTIONS. The LORD CHANCELLOR alterwarils swore in the following leained Counsel to their several offices : Mr. Serjeant Copley, as King's Serjeant and Chief Justice of Chester; Mr. Serjeant Pell, as King's Serjeant ; Mr. Gil len Wilson, of the Chancery Bar, as King's Counsel ; Mr. Caselee and Mr. Nolan, of the King's Bench Bar, as King's Coussel. VICE-CHANCELLOR'S COURT, Dzc. 16. THE OPERA-lIOLNE. TAYLOR V. WATERS. Mr. ITE.u.n this day applied to his Llonour to hear two motions in this case, which had been oopointed to he heard before the Lord Chancellor in the Course of last term, but which bad been unavoidably postpohed by his Lordship's iodispo f,ition. Mr. MO erg had been called upon by a former order of the Vice-Chancellor to pay into Court the sum of 8,5471. betore a certain day in Angtist last, hut had not complied with it. Fear , ilia, under these circumstances, that an attach ment would be granted against him for a con.- tempt, he had appealed; on the first day of Mi chaelmas Term then ensuing, to the Lord Chan cellor, praying that the order might be suspend .ed, and the period for payment enlarged. Mr. Taylor had likewise muted. that a certain sum should be paid out of Court to him ; and it ap peared to his Lordphip that both motions might come on at the same time. As delay was ex tremely injurious to his client, and his Honour was now sitting for the Lord Chancellor, there would perhaps he no objection to their being now heard. r+lr. Waters was in the entire possession of the Opera-house and direction of its concerns whilst he thus neglected to obey the order of the Court. The SOLICITOR •GPNERAL conceived it to be impossible that any delay could he fairly attri buted to Mr Waters, whose counsel had been long since prepared for the discussion, if unavoid able circumstances had not prevented them from entering upon it. The Tiestion now stood for argument upon appeal, and he had reason to hope that the Lord Chancellor would soon be able to entertain it. • _ _ The VICE •CHANCELLOR declared he had no other objection to the hearing of both motions, each being intimately connected with the other, except that his judgment, whatever if might be, MUSE necessarily involve the re-consideration of his OWII opinion, already pronounced in this cause. It would certainly be discussed with more proptiety lietor- another tribunal, and he feared, therefore, that Mr. Eleald's client must put up with the consequences of a delay that was un avoidable. _ _ _ It wa , then agreed, that Mr. Taylor's solicitor should take no further steps, on the undertaking, upon the part of Mr. Waters, to bring on Ills [no tion at the first opportunity. COURT OF KING'S BENCH, DEe.l6. ATKINS (LORD MAYOR) V. LANE. This was an action brought by the Lord Mayor, to recover damages for a false warranty of horses, xvhich had been sold him by the delen'dant.— Walker, the Lord Mayor's coachman, proved the warranty in the following manner :—Meeting the horses coming up, on the road to London, he ob served that they looked rough, and asked if they were all sound and right. The defendant said, Yes:* The same witness also proved, that when the plaintiff NEM to the defendant's stables, the defendant gave the same answer to the same question put by the plaintiff. It appeared clear that the horses were soarers and one of the defendant's witnesses admitted that they were unsound at the time of the sale. The defence "set tip was, that no warranty had been given, and that the receipt for the purchase- enoney contained none ; that the plaintiff was well acquainted with the horses before he bought them; and that their disorder was aggravated, if not brought on, by the treatment they experienced while in his keeping. Two witnesses (one of whom was present when Walker met the defendant on the road, and the other when the plaintiff came to the stables) then stated, that they did not hear the defendant give any warranty ; another, that the plaintiff had fre quently seen the bri'rses when in possession of Lady Wilson ,t heir last owner; a 4th stated ,that thehorses having been out of work for some time before they were sold, the plaintiff was told not to work them bard rill he had physicked and bled them ; but it had appeared that the plaintiff drove them 18 miles 2 . days after he purchased them, without any such precautions. 11 owe'‘'er, he was three hours and a half going the 18 miles ; and the plaintiff's coachman stated, that the horses had sufficient rear and proper food for all the tii»e they were under his care. The defendant's son, a Captain's steward on board an Indianian, said the horses were 301. worse at the time they were offered to be retu►`ned. The defendant had said he would take thew back, upon being paid for t'be use of them ; but this was refused ; and the horses, after hav ing been bought in ,at Tattersall's, where only 19 anti 21 guineas were hid for them, were sent to a livery stable, with notice to the defendant to take then►. Chief-Justice ABBOTT left the question of war ranty to rhe Jury, upon the credit of the plain coactinratt, 'observing that, in order to con stitute a wattanty, the %voids " I warrant'' were not necessary ; hut that any answer to a ques tion concerning the quality of the article sold, im plying that it was g oo in its kind, amounted to a %vat rainy ; and that the warranty's not appear ing neon the receipt given for the ptltCh as C e v did not preclude the production, of other evi dence to establish it. The defendent, be said, had no den , and at law, for the nse of the horses yet:: 11,e tnne of their sale and return. Islle' July found a verdict for the plaintiff, st. 'Os. being pries paid by him for the horses. FALSE IMPRISONMENT. SMITH V. HENSHAW. This was an action brought to recover damages 'or false imprisonment, under .tbe following cir- cumstances :- The plaintiff having drank and smoked in the defendant's pohlic-house, tendered a IL note for payment, which the defendant suspected was not a good one ; he accordingly went out to get change, or make inquiries about the note at the beadle's About the same time, his waiter went to look for the beadle at watch-house, and, not finding hint, mentioned to two officers who were present that there was a suspicious note in his master's house. .The two officers immediately followed him ( as one of them now stated), upon their own mere motion, and without orders from an.y body; even tually they took the plaintiff into custody, and locked him up in the watch-house all night The note tinned out to he good, and the plaintiff now brought this action against Henshaw, on the ground that he had procured the officers to take the plaintiff into custody. However, it could not be proved, either that the defendant had given any orders to the officers, or that he was even present in the room when, the plaintiff was taken. The latter was, therefore, nonsuited. OLD BAILEY. BANK FORGERIES.-FURTHER PARTICULARS. Yesterday the Court proceeded to try the re maining forgery cases before Mr. Baron Woon and Mr. Justice HOLROYD. _ . The first prisoner put to the bar was John Kingston. Mr. Serjeant BOSANQU ET applied to the Court for permission to proceed against the prisoner merely for the minor offence, to whicn he bad al ready pleaded Guilty, but had since withdrawn his plea. The prisoner was then indicted for having in his possession three forged notes, and being in company with another person who was engaged in tittering notes of the same descrip , ion. On the application of the prisoner, the wit nesses were ordered out of Court, and separately introduced to give their evidence. Raphael Romaney stated, that he was an auc tioneer, and resided at No. 194, in the Strand.— On S3turday night, the 19 - h eptemher, he SR \T the prisoner and another man in the dress of fire men ; they came into his auction•room about eight o'clock in ihe evening, doting the sale, and bought for 2s. 611. a sportsman's knife with eight instruments, for which the prisoner tendered a IE. note. Witness looked at the note, and rather suspected it. He then asked the prisoner to write his name and address on the note, but he . was not certain whether it was the prisoner or his companion, who was with hint all the time, who signed the note. The address wrote upon it was, " Hand-in-Hand Fire-Office—Mr. Kingston, Lombard-street." The companion of the prisoner said they were well known, and belonged to the Hand-in-Hand Fire-Office; where they had taken the note. The note now produced was the same which the prisoner and his companion tendered at the witness's auction-room. Cross. examined•---Several persons gave him notes on that night, but they all marked them.-- The prisoners were strangers. lie passed away the note after the sale to an eating. house-keeper, and though he suspected it was not good, he said, nothing about his suspicions to the man to whom he passed it. The Bank certainly told him a man was in custody, and they desired him to go and see it he was the same who passed the note. He then went to Marlborough-street Police Office, and identified the prisoner As being the man who passed the note at his auction-room. Re-examined.—He knew -Elooper for a twelve month. The prisoner took the change of the note. _ _ _ Pizsoner.—That is false, my Lord ; I never saw the man before in my life. Examined by the Jury.-1 did not tell Hooper that I suspected it was a bad one, although the Baker had previously refused to take it. It was a matter of opinion then, and I could not speak decisively until I had the opinion of the Bank. Thomas Barrett said be was a messenger .in the Hand-in-Hand Fire-Office. On the..l9th of September the prisoner was not employed in that Office ; he had been in their service six years ago. Charles Masters, a collector of the water-rate for the precinct of White Friars, and living in Temple-lane, stated that Lombard-street, Fleet street, consisted of about 18 houses ; he knew every honseholder ; the prisoner did not live there on the 19th of September last : witness never knew that a person named Kingston lived in that street; witness knew the prisoner, and knew that he -never lived in that street. • John Wakely stated, that be was a cheese monger, living at No. 61, Upper East Smithfield. On the 23d of, July last, about three o'clock in the afternoon, the prisoner came into -his shop, and put chased a piece of bacon, which came to 2s. ltd. in payment of which he tendered a one pound note. Witness suspected it was a bad one, and in the front, on the right hand side of it, 'was the name of " Mackay," or some shell t.atne. Witness went out under pretence of get ting it changed; and Moses, a neighbour, lent him his man, Haggerty, to take the note to an officer, and get him to attend. The officer soon returned with the note in his hand, and appre hended the prisoner. The note produced was the saute. On the prisoner being searched, he Lad more silver thin was enough to pay for the bacon. Cross-examined by Mr. ALLEY.—He had him self frequently changed notes when he had silver in his pocket. , Mr. An.F.y.—" Yots will recollect, Gentlemen, that this is not the note upon which the indict ment is framed ; that was paid to the Jew . atm- Houser." John Haggerty said' he was a barker to Moses, the Jew ; ctpioborated the former witness. Dennis, Hyde spit!, the note proaneed was the one brought to him !)y flaggerty. Ile asked the prisoner where be got , the note, a n d h e sa id from two sailors whom he had taken on board an In diaman. John Hatch, a lighterman, stated, that he had known the prisoner 25 years, and saw him in the middle of September, at the Bells, at Fulham. He said he had a barge of coals, and he would' give witness some it be would come down in the dark. He asked witness to get him change of a It. note, and the witness went to the landlord, got it, and gaye the change to the prisoner the note was returned to witness. _ _ . Cross.exammed.—He expected the Bank-note would be paid to him by the Bank ; be had not been from Fulham ; but, upon recollection, he had been six months at sea, but there never was a charge made against him for stealing timber. — It was six weeks before the note was returned to him. He knew Mr. Quintum ; he lived at Ful ham ; he had worked for hint tor 18 years, and he was absent from hint tor 18 months. Win. Evans, the landlord of the Bells, at Ful ham, proved that he saw the prisoirer there in the middle of September, and that he changed the ooze produced ; it was given him by Hatch, and he wrote his name and address on it. Susannah Harrison, wife of Thomas Harrison, who keeps the Crown and Anchor public-house, ii Seven Dials, proved thai on the 3d November a companion of the prisoner passed a forged note to her in pavnicor for some peppermint. Thomas Harrison confirmed her testimony, and said they were apprehended, but the prisoner made re3istance. Mr. John Lees, Bank Inspector. for 20 years, proved that the notes passed by. the prisoner were forged in ev:ry respect : they were not of the Wink paper, nor the water-mark, and had not the %I.:nip !! lines In ; genuine notes ,the word " Bulk of Englami" were made in the original fabric ; it was done by compression and compo swot,. Cross-examiiied by Mr. ALLEY.-Ile bad had great experience, bot once in his life he was de ceived ; he knew there had been several forged notes paid itt the B oik during the last year ; he could not say there had been 80. The paper was mattufacoired in Hampshire ; but he had never been at the manufactory: he had newer compared one of tie forged notes with the Bank of Eng• land plate ; the Bank Clerks had beet) deceived in some clses. Reexamined by Mr. Serjeant BOSANQUET.—He should think Cite taking of forged notes at the Bank arose from neglect, and the Clerks and Inspectors were always made to pay them, if they were not so fortunate as to find the persons who passed them. Peter Lister, one of the Signing Clerks of the Bank, proved that the signature purporting to be his was forged. Cross•extonined.—He knew that some notes had been issued without the Signing Clerk's name to them. Mr. ALLEY.—" Suppose a good note had been issued without your signature to it, and this note was that good note, to which a signature, not your own, had been put, would you have known it not to be your hand-writing ?" The witness gave no answer ; but the Jury having revested-ohat the question might be put again, it was put by Mr. Baron Woon, and the witness said, he should have known it to be a forgery. Question from a Juror to Mr. Lees.—" Has there been ever an instance where a genuine note has been rejected as forged, and stamped so ?" Mr. Lees.—" There has one, but the note was six or seven years old, and it was by a young inspecto." One of. the Jury.—" After the scene of yester day, the feelings of the Jory are very great, and they think that whete the life of a prisoner is in danger, it is necessary that the fullest evidence should be given." -Baroo Noon.—" You have had the fullest evidence in this case, much stronger proof than you haVe had before."—This closed the case, and Mr. Baron Woon summed up at great length. After about five minutes' consideration, the Jury returned a verdict of—Guilty. Jeremiah Heffertmas the next person pot to the bar, on an indictment which charged him with having a forged 11. note in his possession, knowing it to be forged. Susannah Harrison, wife of Thomas Harrison, who keeps the Crown and Anchor public-house, in King -street, Seven Dials, proved that the pri soner, and the man last convicted, came to her house on the 3d of Nov. and in payment for some liquor gave her a 11, note, which turned out to be forged. It was proved in evidence that the prisoner tit tered two other forged notes in payment for tri vial articles. Mr. Justice HoLaoYD summed up, and the Jury, after a short consultation, found him Guilty.— Aged 21. Prisoner—" Gentlemen of the Jury, my life is falsely sworn away." The offence is only transportable for fourteen years.—The prisoner and Kingston were arraign ed upon the capital charge, and acquitted \ pro forma. Prisoner Heffert.—" I hope I shall go to a country where I shall;have more justice, for I have had none here." IVni. King was indicted for a similar offence.— Verdict Guilty. William Williams was capitally indicted for as saulting Thos. Toom, on the King's highway, and forcibly taking front his person a watch, his property.—The Jury found him Guilty of stealing from the person only. The RECORDBR sentenced him to be transported for life. At eight o'clock the RECORDER proceeded to pass the awful sentence of Death upon the fol lowing culprits capitally convicted during the Sessions : Thomas Pearkes, for house-breaking—Robert Parsons, John corderoy, and George Wood, for Burglary—William Mattingly, for horse-stealing—Jas. Egerton, for highway robbers--Richard Evans ant! James Belfour (a black boy), for stealing in a dwelling-house—Jos. Mason, fur highway robbery—Sarah Thwaites, for horse-breakinz—Wrii• Pal deck, for highway robbery—Robert Thrower, for stealir:-g in dwelline-house—George Handy, for burglary—John r.lion, for stealing in a dwelling-house—John Pidgeon, for burglary—Win. Smith and Bobert Beedhani, for stealing in a dwelling-house—John Fellows, for burglary. The judgtueut of Robert Taylor, for cutting down a variety of trees, was respited, in conse quence of a point of law being in reservation for him. • John Kingston, Jeremiah Heffert, and tiara King, were sentenced to 14 years' transportation , and Philip Cooper to seven years' transportation• Kingston adopted the language of Heffert, by saying, " I hope we shall have justice done us in another country !" Heffert (pulling him from the Dock)—" Caine away, there's no use in talking to him about te e. (meaning the Recorder). The Sessions were then adjourned to Wednes day, the 13th of January. POLICE INTELLIGENCE. FORGED BANK NOTES. .• tow-S-inaEt.—Yesterday a long examination took place before Mr. HICKS, the Sitting trate, of John Adonis, oneof the most daring and extensive titterers of Bank notes. There were no less than live charges clearly proved against him ; he was identified as having tittered a forged 51. Bank note to Mr. ilopliinson, grocer, of Hens rietta-street, Covent-Garden ; :it Mr. Yockney:'s. a grocer, in Bedford-street, Covent-Garth') Andeison's, Mr. Rarclay's,and Mr. ShOnesmitb's , grocers, St, Martin's-lane; where he went ,:to each shop, and asked for a pound of tea. The five parties were bound over to prosecute the pri, - oiler for nutting the turged notes, and the. iiink Solicitor \l'll conduct the prosecution for theta. APFREIIENSION OF A GANG OF BODY-STEALERS. litqloiv-14,11.1..—8y the vigilance and i tt trepi' \V , ,riley, a cOtiSCahle, of Lambeth, four men helongiStg to a g;ing of disitirners of the dead have at lench been taken into costody. end are likely to become, the subject of a spoiled prosecution. In consequence of information which had been previously given, that a plundering ex' ',edition was on foot towards some place in the lower part of Siirrey, Woith y secreted self in a convenient place near the .King's Arius Turnpike, in the Kent-road, and continued td watch until between five and six o'clock yester' day morning, when observing a hackney cosell driven along the road, he advanced from the plAce, of his concealment, and desired the coat man lc' stop ; be inquired who or what was in the c oAche when the coachman replied that three gentlemeo were his passengers, whom he bad taken up o c _, the Assembly House, Blackheath, where the? had been at a ball, and that he was conveyin4 them to Charing-Cross. Worthy not being sa' tified, opened_one of the doors, and ohserviog three men in dirty dresses, with ropes, spade"- and other articles used for disinterring bodie 94 closed it again immediately, and uith a pistol one hand and a cutlass in the other, threatens o instant "death to the first that attempted to escal' e ' The coachman, terrified at this threat and tulle, obeyed his direciioris to turn round 10 1 l drive towards the turnpike ; upon his art iv" there he procured the assistance of several per" sons, and conducted the three men who were 1 1 y side the coach, and also the driver, to an at l .l l " t cent watch-bouse. The coach wal searched, 04 in the boot the dead body of an' autism-illy lA' man Wtib found. The prisoners were vesterthif morning brought by Wortley and Heron, c° 11 : stable of St. George's, to this Office, followed neatly one thousand persons, who literally 'C a. vexed theirs with mud and filth of evet y de-.criP; Lion. Tliey Ktated their names to he Ridla r , A Tomlinson, John Thomas, William Dariis, Botiall. They (dire(' nothiou de. fence. The Magistrate ord e red th e m to find g°'' t , bail for their appearance at the S , ssions, wh ic t to do, they trete committed it. the ttai )l l Newington. The body was ordered to he -boded. COAL MARK ET, DECEMBER 16. Ships at Mallet. Ships sold. Price. 69 Newcastle . 39i s. Gd. to 455. O a : oa {, Of 20 Sunderland l3 34q. (hi. 41 5 • ," 1 Elgin Man . " • - - s s . n 1 ( .1d 1. . t t o o ° " --" 1 1 1-lalbeath BIRTH. On the 15th inst., at his house in Trinity-square, the la d /. of Mr. Alderman Bridges, of a sou. MARRIED. On the lath inst , at St. James's, Piccadilly, the Reve" 4 William Greenlaw, of Isleworth, to Frances, second d ati g t"- of Robert- Baker, Esq., of Great Marlhorough-street. On the 14th inst., Mr. Thomas M'Rae, of Colema n-strer , to Miss Catherine Vedgwood, of Basford, near Newc3st° Staffordshire. DIED. o f On the 30th nit., Mrs. Mary Edgar, aged 7 3, the w 1 Mr. 1). D. Edgar, Colebroolie-row, Islington. rt; bet ls At Deptford, on the 14th inst., in her 65th ye3l, Roberts, sister to Lieut. James Wolfe Roberts, R. N. PROVINCIAL BIRTHS, MARRIAGES, AND DEATI4S. B I RTHS. At Largs, Scotland, on the 4th inst. the Lady Of 1 " ..- Montgomery Craig, Esq. of a son. On the sth inst. at Greenock, the Lady of Sir TO"' Trouhrid , ge, Bart. of a son. L a df Lately at her house at W o r ces t er shire, the of John Bruce, Esq. of the Hon. East India Comp a q s vice, of a daughter. mit Ramp. of 01' Lately, at Burton-on-Trent, George Briscoe , Elq• ''' r Art,oP ' vt-rhamptott, to Mary, cldcst daughter of Win. Worthily r - Lately, Win. Dutton Pritcbit, Esq. Esq. of Burton. ~ de to Amelia, eldest daughter of Thonlas Smallwood, E9CI• IN '— End, Birmingham. yogi , On Thursday last, at 'Dqlont Elias, Wilts, Peter Lap q „ Esq. of Was, to Elizabeth, relict of Kempe BrYdg es ' late of Chilconiptou, Somerset. of Erdington Spa , r;sic DIED. if ii r ri ls , r of West Devn. Lately. at Barr staple, after a short i llness, the R e v . Carter At Eight Vica . Scotland, on t Anstev, he `2s!li ul t. the Honourable 0 . 0 fr 6 Duif, of Milton, third son of William E arl of Fife, to " 33d year of his age. Lately, Mr. Joh n Bitson, rinter,he of Dublin. _alisbarlf On the lab inst. at St. Peterp's C ese hill-stre et, S d. Mr. Burch. formerly Master of the School, at Pro% r... ' foc ott WM. 01) the 2Fith ult. at her datighter's at C011i05.5 ~ naa troti Harrogate, Mrs. Ann Dawson;aged 101. hotter' serre , l th e army in the time of the Rebellio n i : Bg it e t 7 eggs, and cream, when encamped near Preston. ---: - N Gre 49, A LONDON: Printed by J. B. CAIISTAIRS, of — u 'b . IC* S ..; Ormotid-street, Queen-square; aniton- street, published , f ,' oo U -- SC:HIPPS, of No. 7, South Mo, at 01c10" °dice, No. Ile, Strand ; where Adveitiserucilts) Letters, &c, (cost-paid) DiblSt be addressed* - . ~. NuAT ..INT 0;I' and 7 coin? the ~lrlr,~irult Ind Bailer,. te's't, at Lid .~~t~r c• t ED ci ra4 ing th, G kid at their the aoth .Ins &t in the Et th e said Coin 4"eased. ONE t f or LOT ctrii flaw the ~ Ye s , 4, -to those ,1 I'4"i there e e ' tl Of. ,s.irec n 0 bay cap fitil Fiiti ALBION X t: v E:11“ INSUIt gll e reriod i xy It • the is one public',; With t th • o' ic _ o mak .1 7 4 . 11 c fed with the `!-ret• g, it e:of 4 plan o a l he C um F t ? a ble d( • P a1:(71 a Word orle may 1